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In international law, extraterritoriality or exterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands. [1]
In its broad application, the term refers to criminal acts that were committed outside the sovereign territory of a prosecuting state. Cedric Ryngaert , Professor of Public International Law and Head of the Department of International and European Law at Utrecht University , noted that a state asserting jurisdiction over crimes committed in ...
For the Council of Europe, key tenets of its human rights law jurisdiction are laid down in Article 1 of the European Convention on Human Rights (ECHR), with the convention employed to complement and reinforce the more specific scope of humanitarian law. [8] [a] The application of this to extraterritorial operations has been noted by Ryngaert ...
"The extraterritorial application of Hong Kong's national security laws is fully consistent with international law and practice," ministry spokesperson Mao Ning said told reporters at a Friday ...
The Maastricht Principles do not purport to establish new elements of human rights law, they clarify extraterritorial obligations of states on the basis of existing international law. [2] The principles are not legally binding, they are an expression of expert opinions regarding the status of extraterritorial human rights obligations in ...
He then reviews thirty years of U.S. Court of Appeals cases holding for extraterritorial application of the ATS. [26] The concurrence takes issue with the majority's characterization of the ATS as "uniquely hospitable" by noting that many countries permit extraterritorial suits, citing Dutch, English, International Court of Justice , and ...
Long-arm jurisdiction is the ability of local courts to exercise jurisdiction over foreign ("foreign" meaning out of jurisdiction, whether a state, province, or nation) defendants, whether on a statutory basis or through a court's inherent jurisdiction (depending on the jurisdiction).
These extraterritorial effects of provincial legislation will be assessed according to the principle of comity. [40] In the case of Tolofson v Jensen, the court answers the question of which law should govern in tort when the interest of more than one jurisdiction is involved. [41]